Attention those using internet on planes: 90 thousand lira fine from KVKK
The KVKK has concluded an application regarding in-flight internet services. In its investigation following a complaint by a passenger who did not consent to the processing of their personal data, the authority ruled that the practice was unlawful.
The requirement for a passenger wishing to use internet services during a flight to provide explicit consent for the processing of their personal data became the subject of an investigation by the Personal Data Protection Authority (KVKK). The authority decided that the practice was unlawful under the Personal Data Protection Law No. 6698.
PASSENGER APPLIED TO KVKK
According to the KVKK's decision, a passenger wishing to use in-flight internet services was asked to provide explicit consent for the processing of their personal data. The passenger, who did not agree to the processing of their data, objected to the practice and filed a complaint with the KVKK.
The investigation conducted by the authority determined that the practice of obtaining explicit consent did not originate from the airline company, but from the internet service provider supplying the in-flight internet service.
90 THOUSAND LIRA FINE FOR INTERNET PROVIDER
Following the investigation, the KVKK decided to impose an administrative fine of 90 thousand lira on the internet service provider.
The decision stated that the contract made to use the internet service was in the nature of "directing towards providing explicit consent" for the processing of personal data.
ATTENTION DRAWN TO OTHER DATA PROCESSING CONDITIONS
In its decision, the KVKK stated that explicit consent is not the only basis for processing personal data, and that there are other legal conditions regulated by law.
It was noted that the internet service provider's practice of conditioning the use of the service on providing explicit consent is contrary to the principle of "compliance with the law and rules of honesty."
News Source: 12punto
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